In one day, two separate judges rule Trump improperly used 18th century wartime act against gang
Two separate federal judges 2,000 miles apart ruled Tuesday that President Donald Trump improperly used an 18th century wartime law to try to speed the deportations of people his administration labels members of a Venezuelan gang, adding to mounting judicial skepticism over the president’s attempt to avoid deportation hearings by invoking a measure last used in World War II.
First, District Court Judge Alvin K. Hellerstein in New York found the Alien Enemies Act of 1798 cannot be used against the Tren de Aragua gang because it is not attacking the United States. “TdA may well be engaged in narcotics trafficking, but that is a criminal matter, not an invasion or predatory incursion,” Hellerstein wrote barring deportations from most of New York City and surrounding areas.
Hours later, District Court Judge Charlotte N. Sweeney reached a similar conclusion, expanding on an earlier order that barred the removals of Venezuelans accused of belonging to Tren de Aragua from Colorado. She was aghast at administration arguments that no one can second-guess the president’s designation of the gang as a foreign invader.
That contention “staggers. It is wrong as a matter of law and attempts to read an entire provision out of the Constitution,” Sweeney wrote.
more:
http://apnews.com/article/trump-alien-enemies-act-judge-ruling-f1988c63140c95f8228b42368caed96b?
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